PENNINGTON COUNTY BOARD OF COMMISSIONERS MINUTES June 6, 2008 A meeting of the Pennington County Board of Commissioners was held on Friday, June 6, 2008, in the Commissioners' meeting room of the Pennington County Courthouse. Chairperson Brenda Young called the meeting to order at 9:07 a.m. with the following Commissioners present: Ethan Schmidt, and Nancy Trautman. REVIEW AND APPROVE AGENDA MOVED by Trautman and seconded by Schmidt to approve the agenda with the following changes: move WHEEL TAX DISCUSSION after ITEMS FROM EQUALIZATION, add FLOODING UPDATE during ITEMS FROM FIRE ADMINISTRATOR and delete Item 8c under ITEMS FROM THE TREASURER. Vote: Unanimous. Gale Holbrook joined the meeting at this time. REVIEW MINUTES MOVED by Trautman and seconded by Holbrook to approve the minutes of the May 20, 2008, Board of Commissioners' meeting as presented. Vote: Unanimous. OFFICIAL CANVASS OF THE RETURNS OF THE 2008 PRIMARY ELECTION MOVED by Schmidt and seconded by Holbrook to accept the canvass, declare the results of the June 3, 2008, Primary Election official and authorize the Commissioners present to sign the Official Canvass. It was further moved to authorize payment of all election expenses as listed: Payroll, 31,857.69; Rent, 980.00; Utilities, 450.00; Mileage, 1,616.51. Vote: Unanimous. ITEMS FROM THE AUDITOR A. ALCOHOLIC BEVERAGE LICENSE: MOVED by Holbrook and seconded by Trautman to approve a new Retail (On-Off Sale) Wine License for Powder House Lodge, Little Guys, LLC. Vote: Unanimous. B. ALCOHOLIC BEVERAGE LICENSES RENEWAL/NEW: MOVED by Holbrook and seconded by Trautman to approve the following Retail (on-off sale) Malt Beverage Licenses: Bear Country USA, Bear Country USA, Inc.; BH Amoco & RV Parts and Repairs, Grover Repair, Inc.; BH Receptions, BH Receptions and Rentals, LLC.; Caputa General Store, Caputa General Store, Inc.; Country Corner, Robin Robertson; Country Store at the Forks, Covington Consulting Group, Inc.; Crooked Creek Resort, Crooked Creek Resort, Inc.; Deerfield Lake Resort; Deefield Lake Resort, LLC; Depot Restaurant, Patrick S. Shannon; Flying T Chuckwagon; Great American Tour Co., Inc.; Happy Holiday RV Resort, Diamond Trek LP; JD’s Catering and House of Pizza, Jeff Jundt and Dueene Zoller; Moonshine Gulch Saloon, Betty Harm; Old Governors Mansion, Leon Brody, DDS; The Old Long Horn Saloon, Lee Ann Keester; O’Malley’s Casino, KJL, Inc; Prairie Berry, Prairie Berry, LLC; Putz N Glow, Inc, Puts N Glow, Inc; Ranch Mart, VSADD Holdings LLC; Sally O’Malley’s Pub and Casino, KJL, Inc; Sheridan Lake Marina, Goodwin Inc; Ugly Fish Enterprises, Ugly Fish Enterprises, LLC; Valley Square Casino, Wall-East Development, Inc; Valley Square Sports Pub, Wall-East Development, Inc; Whispering Pines Campground, Flying R LLC; and the following Package (off-sale) Malt Beverage Licenses; Corner Pantry-Moon Meadows, MG Oil Company; Dalcam EZ Mart, Dalcam Oil Co, Inc; Gaslight Restaurant, Big Guys, LLC; Hart Ranch Camping Resort, Hart Ranch Camping Resort Club, Inc; Holy Smoke Resort, Holy Smoke Inc; Mini Mar 446; Mini Mart, Inc; Pactola Pines Marina, David and Nancy Fisher; Rafter J Bar Ranch CMPGD, Hiccough, Co; and the following Package (off-sale) Malt Beverage and SD Farm Wine Licenses: KOA Campground, Recreational Adventures, Co; MT Rushmore KOA, Recreational Adventures, Co; Vote: Unanimous. C. DEPARTMENT HEAD MERIT RAISES: MOVED by Trautman and seconded by Holbrook to continue this item to the June 17, 2008, Board of Commissioners’ meeting. Vote: Unanimous. D. EMPLOYEE MERIT RAISES: MOVED by Trautman to grant the wage policy exception for Leah Thibeau to move two steps. The motion died for lack of a second. MOVED by Holbrook and seconded by Trautman to approve the recommendations for merit raises that are in compliance with County wage policy with an effective date of July 1, 2008, and record the names and salaries in the minutes. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to grant an exception to County wage policy and increase Leah Thibeau two steps to $2372, and further moved to continue State’s Attorney request for an exception to County policy to the June 17, 2008, Board meeting pending further information. Vote: The motion carried 3-1 with Holbrook voting no. Commissioners - Haycraft, Ernest, 3,032; Auditor - Ader, Corrine, 13.69; Butt, Iola, 13.69; Kuehn, Elizabeth, 18.33; Leuellen, Lynda, 13.69; McDonald, Kathy 'K.J.', 5,317; McGregor, Karen, 3,422; Mohler, Cindy, 3,685; Severson, Lori, 3,595; Wolf, Victoria M, 3,595; Treasurer - Ackerman, Christine, 2,816; Brant, Annette, 4,364; Faber, Leann, 2,372; Fried, Cora A, 2,314; Harn, Jerri L, 2,432; Sorenson, Jody, 3,591; Sundahl, Michelle, 3,508; Tines, KarJ, 2,680; ITS - Maxwell, Curtis, 5,457; ITS-Sheriff - Evans, John, 3,257; Hocking, Scott, 3,867; State's Attorney - Alderman, Jay, 5,988; Anspach, Pratthana, 2,747; Barnier, Janelle, 3,512; Boettcher, Roxanne, 5,057; Brink-Gluhosky, Michele, 17.07; Canaday, Magdalena, 3,104; Dollison-Decker, Tracey, 4,813; Dulany, Alexsandra, 3,877; Haggerty, Dawn, 3,964; Hendrickson, Joshua, 4,934; Hower, Jill, 3,261; Jegeris, Jill, 20.25; Krull, Kevin, 5,425; Mechaley, Kristina, 2,552; Moser, Cori, 3,029; Nelson, Gina, 4,813; Roetzel, Lara, 5,446; Ryder, Ryan, 4,934; Seljeskog, Sarah, 4,696; Shepard, Susan, 3,261; Smith, Jack, 3,512; Theissen, Melanie, 3,600; Trimble, Laura, 3,600; Utter, Jennifer, 4,934; Varns, Kenneth, 5,446; Wittman, Dexter, 3,869; Wood, Kara, 4,934; Yellowrobe Robertson, Alice, 2,816; Victims Assistance, - Kallemeyn, Sharon, 4,598; Redetzke, Rochelle, 3,182; Public Defender - Andersen, Bryan, 5,057; Callahan, Chad, 4,581; Celli, Krista, 3,182; Chihak, Robert, 3,781; Davis, Jeremiah, 5,057; Diggins, Thomas, 5,581; Harris, Betsey, 5,721; Laubach, Arnold, 5,864; Mcdermand-Berger, Jodi, 3,690; Niemann, Ladonna., 3,875; Owens, Caroline 'Tike', 4,830; Pietz, Paul, 4,696; Yanni, Amy, 4,934; Buildings & Grounds - Alexander, Edward, 2,432; Anders, Dale, 3,113; Anders, Irene, 2,493; Berg, Danny, 2,204; Blocker, Alice., 4,820; Drewitz, Gene, 2,259; Eccleston, Dave, 3,260; Heupel, Russel, 2,552; Hohenthaner, James, 5,201; Jagim, Roger, 3,872; Mcquilkin, Hudson Paul, 3,605; Reil, Robert, 3,511; Rittel, Georgia, 2,204; Salathe, Denis, 2,492; Selman, Bruce, 2,816; Wortman, Mark, 3,108; Director Of Equalization - Benton, Roger, 3,690; Mareska, Richard, 3,877; Marx, William, 3,104; Peters, Denise, 2,963; Potts, Cheryl., 3,877; Potts, David., 3,965; Rieck, Richard, 4,831; Schuttler, Richard, 3,029; Swanson, Mary., 3,190; Thovson, Luanne., 3,427; Register Of Deeds - Boal, Linda, 4,476; Fite, Darlene, 2,618; Mater, Kenneth, 2,890; Muffat, Joanne, 2,492; Phillips, Carol, 2,680; Stowe, Claudia, 2,684; Sheriff - Battest, Todd, 3,591; Bickett, Kelly, 2,681; Boal, Mischelle, 3,681; Carver, Danny, 4,595; Comrie, Terry, 4,063; Corbin, Patrick, 20.74; Dailey, Michael., 4,823; Dalton, Dawn, 4,473; Decker, Gordon, 4,159; Douma, David, 3,029; Dove, Linda, 2,816; Erickson, Barbara, 4,068; Evenson, Jay., 5,450; Fagerland, Jesse, 3,339; Foster, Gregory, 4,058; George, Bernard, 3,508; Goodhue, Susan, 2,816; Graves, Martin, 4,817; Hauer, Debra, 3,685; Hislip, Christopher, 3,422; Hughes, Mark, 4,263; Huschle, Jesse, 3,422; Kenrick, Casey, 3,422; Koch, Pamela, 2,748; Lopez, Amanda, 3,508; Magnavito, Frederick, 6,270; Mccool-Deneke, Robin, 2,615; Mclane, Terry., 4,591; Melton, Jeanie, 3,681; Melvin, Kelli, 2,886; Mitzel, Jason, 3,339; Morrison, Dustin, 3,591; Myers, Floyd, 2,816; Olson, David, 3,508; Olson, Karen, 2,816; Osborne, Mark, 4,063; Rearick, Charlene., 4,808; Rehberg, Courtney, 15.85; Rice, George, 3,508; Robertson, Tana, 2,955; Sargent, Matthew, 4,159; Schuft, Marika, 2,552; Smith, Justin, 3,508; Stetson, Melissa A, 2,955; Varcoe, Chris D, 3,422; Verchio, Anthony D, 4,591; Weber, Kurt, 5,068; Wilhelm, Charisa, 3,422; Wood, Kraig, 4,159; Wynia, Michael, 2,886; Station - Heitsch, Thomas, 3,516; Hodges, James, 3,516; Knauer, Bruce., 22.39; Hidta, ; Schulz, Edwin, 3,867; Jail - Banning, Donnetta, 3,182; Bisbee, Jon, 3,257; Bishop, Roy, 3,595; Blosser, Krystine, 4,944; Boal, Jeffrey, 4,159; Boswell, Ralph, 2,816; Cheesman, Jane, 2,959; Comrie, Nicole, 2,816; Damuth, Lee, 3,257; Daniel, Christopher, 3,257; Decker, Jerry, 2,816; Fairbanks, Rhonda, 2,958; Feller, Dennis, 3,591; Fischer, Lyle, 3,266; Fletcher, Joan, 2,816; Gorr, Jeffrey, 3,508; Haerter, Joe, 3,508; Haga, Brooke, 4,585; Haibeck, Deloris, 3,959; Handley, Lindee, 2,681; Houston, Kathleen, 3,865; Jones, Raymond, 3,595; Kosola, Joshua, 3,339; Luthy, Anna, 2,314; Matte, Derek, 3,422; Mccune, Steve, 3,422; McDonald, Joseph, 4,591; Meyer, Barry, 3,422; Milliken, Frederick, 3,681; Morgan, Candis., 5,194; Morgan, Donald, 3,422; O'Kane, Clare, 2,816; Patterson, Gregory, 3,595; Paulin, John, 4,591; Pawelski, James, 2,372; Popp, Gary, 2,492; Prevett, David, 3,508; Pritzkau, Aaron, 3,339; Reckling, Melissa, 2,681; Reynolds, William., 4,373; Rubins, David, 3,595; Severson, Peggy, 4,944; Smith, Christa, 3,777; Snipes, James, 4,165; Steele, Mark, 4,263; Trenary, Kelly, 4,375; Twiss, Eva, 2,552; Ulrich, Henry III, 2,615; Van Berkum, Roy, 3,508; Venosdel, Sharon, 3,339; Vivardo, Yolanda, 3,339; Walker, Brian, 3,339; Weygaerts, John, 3,339; Williams, Deanne, 2,615; Williamson Taylor, Angela, 2,887; Wilson, Kenneth, 3,508; Wojcik, Michael, 3,591; Hill City Law - Johnstone, Bruce, 3,508; Tallon, Tana, 3,422; Keystone Law - Mann, Jack, 4,063; New Underwood Law - Mcpherson, Richard E, 3,504; School Liaison, - Brumbaugh, Samantha, 4,063; Halverson, Kyle, 4,269; Nordell, Ronald., 4,269; O'Cilka, Jason, 3,681; Walker, Misti, 4,165; Wall Law - Freeouf, Brian, 3,422; JSC - Atkinson, Donald, 4,591; Beatty, Janice., 4,165; Braun, Kelly, 3,591; Chapman-Holloway, Pamela, 4,937; Cummings, Michele, 3,867; Danley, Jeremy, 3,867; Everson, Jason, 3,257; Fletcher, Steven, 2,615; Guilmett, Michael, 3,508; Guthrie, Carolyn, 13.35; Hall, Robert, 3,422; Hauck, William "Bill", 3,771; Heinert, Heather, 4,061; Honorable, Carl, 3,508; Hupp, Ryan, 3,508; Irvine, Shaun, 3,257; Knecht, Liesl, 3,508; Leveque, Carla, 5,721; Lindblom, Timothy, 4,473; Luedtke, Robert, 3,681; Maher, Jared, 3,257; Martina, Jan, 2,615; Mcclain, Clayton, 3,771; McMillan, Thomas, 4,063; Olson, Collette, 3,865; Olson, Michelle, 3,508; Oster, David, 5,061; Oyler, Lucas J, 3,339; Petrik, Rusanne, 4,267; Philippe, Julie, 4,063; Ricke, Jolonda, 4,263; Rogers, Francis Jr, 4,063; Rosendahl, Richard, 3,257; Sehr, Brenda, 3,422; Simmonds, Tim, 3,508; Smith, Dennis, 4,063; Snow, Tyler, 3,339; Standing, Rod, 2,432; Towne, Dana, 2,552; Will, Candice, 3,865; Wood, Heather, 4,267; Emergency Mgmt, - Buck, Pamela Jo, 3,964; Dispatch - Adams, James, 3,595; Bahr, Patrice., 20.74; Bauer, Nadine., 21.79; Bitterman, Bonnie, 3,685; Born, Stephanie, 3,257; Burnett, Jill, 3,595; Callahan, Terri, 3,872; Colombe, Leslie, 4,165; Comrie, Suzanne, 3,685; Dupre, Danielle, 3,685; Felkey, Daniel, 3,595; Geary, Patricia, 3,965; Jeffery, William, 3,422; Jennesse, Janice, 3,508; Kobes, Myrna, 4,950; Malcom, Michelle, 3,508; McMahon, Thomas, 2,955; Meyers, Jaime, 2,955; Mullenix, Carrie, 3,339; Neilan, Chandra, 3,422; Nicolai, Geraldine, 4,485; Nilsen, Autumn, 2,955; Nordell, Donna., 3,595; Olson, Stephanie 4,063; Paul, Stacy, 3,422; Piscopo, Joseph, 4,064; Rufledt, Theodore Jr, 4,941; Scott, Adam, 3,339; Shoemaker, Mary, 3,682; Smith, Kelly, 3,595; Smith, Lorraine, 3,508; Sortland, Sandra, 3,182; Spanier, Christina, 3,339; Tomjack, Chad, 2,955; Highway - Anderson, Duane., 4,267; Anderson, William, 6,161; Beachem, Bryce, 3,431; Bintliff, Glenn, 4,948; Burleson, David, 3,032; Colon, Carlos, 3,881; Grable, Chris, 3,968; Hall, Daniel, 2,816; Hauser, Kenneth., 4,494; Kirksey, Raymond, 2,886; Larson, Melvin 'Dan', 4,162; Nelson, Danny, 3,186; Nelson, John, 3,604; Peterson, Matt, 3,881; Radke, Eric, 3,186; Schock, Mark, 4,696; Silbernagel, Cassie, 3,182; Sutterer, Michael, 3,604; Health & Human Svc - Ader, Amalie, 3,182; Austin, Sandy., 20.29; Blake, Patricia, 2,680; Dahlke, Brenda, 3,964; Doorn, Charlene, 5,061; Larsen, Donna, 3,190; Marohn, Frank, 3,595; Tice III, Merton, 3,773; Detox - Ayers, Delilah, 3,187; Boetel, Brenda, 5,061; Campbell, Blake, $15.46/hr; Colhoff, Linda, 3,029; Eason, Susan, 3,257; Edinger, David, 2,816; Frear, Donnelle, 2,372; Garcia, Patrick, 2,747; Gibbons, Gaylene, 17.05; Gonzalez, Talona, 2,955; Hammond, Robert, 2,812; Hook, Virginia, 15.87; James, Jason, 3,339; Jones, Christine, 4,058; Kautzman, Steven, 2,314; Knapp, Thomas, 2,955; Makepeace, Sean, 3,029; Mauch, Stephen, 3,508; Nelson, Gary, 3,029; Palmier, Dena, 15.46/hr; Pratt, Linda, 3,508; Reeves, Donita, 3,681; Skovo, Wendy, 2,680; VanSchoonhoven, Timothy, 4,058; Extension - Bruckner, Kathy., 3,782; Westergaard, Norma, 14.38; Weed - Dargatz, Jeffrey, 13.70; Gust, Victor, 13.04; Mohler, Adam, 12.11; Pearson, Dillon, 12.11; Saxer, Dennis, 13.04; Thovson, James, 12.11. E. DISCUSSION – 2009 COUNTY BUDGET: MOVED by Schmidt and seconded by Trautman to designate a Catastrophic Medical Reserve of $250,000 from unspent funds and overcollected revenue from Health & Human Services. Vote: Unanimous. MOVED by Holbrook and seconded by Schmidt to continue the discussion regarding the drainage and equipment reserves to the July 1, 2008, County Board meeting. Vote: Unanimous. ITEMS FROM THE TREASURER A. COPIER PURCHASE: MOVED by Schmidt and seconded by Holbrook to schedule a hearing at 9:15 a.m. on Tuesday, June 17, 2008, to supplement the General Fund Treasurer’s Budget in the amount of $9,501.00 from designated equipment reserves and further moved to declare surplus one Canon Image Runner 330S, SN NQJ06922 and one Canon GP200F, SN NF204232 for the purpose of trade. Vote: Unanimous. B. DOCUMENTATION FEE: MOVED by Holbrook and seconded by Schmidt to authorize the Treasurer’s Office to charge a $25.00 documentation fee, effective July 1, 2008, for processing title transfers received through the mail from people or businesses permanently or temporarily residing outside of the State of South Dakota or with personal mailbox addresses who have decided to utilize South Dakota as their state of choice for vehicle titling and registration. The fee does not apply to those serving in the military if they are active duty and provide a copy of their military identification. The fee will be receipted in the same manner as the County Fee that is charged currently. That fee is charged state wide on boat licenses and duplicate registrations and is not subject to sales tax. Vote: Unanimous. ITEMS FROM EQUALIZATION A. ABATEMENTS: MOVED by Schmidt and seconded by Holbrook to approve the following abatements/refunds for 2008: Henriksen, Margaret C, .84; Jones, Walter Jr or Rebecca J, 109.84. Vote: Unanimous. PROPOSED WHEEL TAX ORDINANCE: MOVED by Holbrook and seconded by Trautman to continue the Wheel Tax Discussion to the June 17, 2008, Board of Commissioners’ meeting. The motion carried 3-1 with Schmidt voting no. ITEMS FROM THE FIRE ADMINISTRATOR A. REQUEST TO BID GEL APPLICATION SYSTEMS: MOVED by Trautman and seconded by Schmidt to authorize the Fire Service Board to advertise for four separate fire retardant gel application systems. Vote: Unanimous. Holbrook left the meeting at this time. ITEMS FROM HEALTH AND HUMAN SERVICES A. JOHN T. VUCUREVICH GRANT – SP08-006: MOVED by Schmidt and seconded by Trautman to supplement the John T. Vucurevich Foundation Budget in the amount of $25,000 from current year revenues and to approve payment in accordance to the Foundation guidelines. Vote: Unanimous. CITY OF BOX ELDER A. STIPULATION FOR JURISDICTION, OWNERSHIP AND MAINTENANCE OF A PORTION OF LIBERTY BOULEVARD: MOVED Schmidt by and seconded by Trautman to approve the Stipulation For Jurisdiction, Ownership and Maintenance of a Portion of Liberty Boulevard and authorize the chair’s signature thereto. Vote: Unanimous. ITEMS FROM HIGHWAY A. BID AWARD – PROJECT BRO 8052(30), PCN 6367: MOVED by Trautman and seconded by Schmidt to approve the resolution awarding the bid for project BRO 8052(30), PCN 6367. Vote: Unanimous. RESOLUTION WHEREAS, Abstract of Bids furnished by the South Dakota Department of Transportation for Item 1, May 21, 2008, Letting; BRO 8052(30), PCN 6367, Pennington County(ies), Structure Rehabilitation reflects Corr Construction Services, Inc., of Hermosa, South Dakota, to be the low bidder with a proposal of $281,189.70. WHEREAS, the bid is $37,622.03 or 11.8 percent below the Engineer’s Estimate of $318,811.73. THEREFORE BE IT RESOLVED, the Pennington County Board of Commissioners recommends awarding of the Contract to Corr Construction Services, Inc. of Hermosa, South Dakota, in the amount of $281,189.70. Vote: Unanimous. Dated this 6th day of June, 2008. /s/Brenda Young, Chairperson Pennington County Board of Commissioners ATTEST: /s/Julie Pearson, Auditor B. TRANSPORTATION IMPROVEMENT PLAN 2009-2013: MOVED by Trautman and seconded by Schmidt to approve Pennington County’s 2008-2013 Transportation Improvement Plan. Vote: Unanimous. C. PRAIRIE DOG SIGNS: MOVED by Schmidt and seconded by Trautman to authorize the Highway Superintendent to obtain the necessary permits from the South Dakota Department of Transportation and install the signs in the State right-of-way. Vote: Unanimous. D. LOCAL BICYCLISTS OF RAPID CITY: MOVED by Trautman and seconded by Schmidt to approve the Application for Permit to Occupy Right-Of-Way for Local Bicyclists of Rapid City and authorize the Highway Superintendent to sign the application. Vote: Unanimous. E. ANNUAL MT RUSHMORE AND CRAZY HORSE MARATHON: MOVED by Trautman and seconded by Schmidt to approve the Application for Permit to Occupy Right-Of-Way for the Annual Mt. Rushmore and Crazy Horse Marathon and authorize the Highway Superintendent to sign the application. Vote: Unanimous. ITEMS FROM WEED AND PEST A. ATV AND SPRAYER PURCHASE-SP 08-007: MOVED by Schmidt and seconded by Trautman to schedule a hearing at 9:15 a.m. on Tuesday, June 17, 2008, to supplement the General Fund Weed and Pest Budget in the amount of $6,514 from designated reserves. Vote: Unanimous. LIEN RELEASE REQUEST (TAH) (Con’t from 5/20/08): MOVED by Trautman and seconded by Schmidt to continue this item to the June 17, 2008, Board of Commissioners’ meeting at the request of the applicant. Vote: Unanimous. Holbrook returned to the meeting at this time. ITEMS FROM CENTRAL STATES FAIR A. ELECTRICAL IMPROVEMENTS & BUDGET SUPPLEMENT(SP08-009): MOVED by Schmidt and seconded by Trautman to authorize a General fund contingency transfer in the amount of $45,677 to the Central States Fair budget, and further moved to schedule a hearing to supplement the Central States Fair budget in the amount of $21,000 from reserves in the County General Fund for 9:15 a.m. on June 17, 2008. Roll call vote: Schmidt – aye, Trautman – aye, Holbrook – aye, Young – no. The board recessed from 11:40 a.m. to 11:50 a.m. BOARD OF ADJUSTMENT MOVED by Trautman and seconded by Holbrook to convene as a Board of Adjustment. Vote: Unanimous. A. VARIANCE / VA 08-09: Kevin and Shirley Koch; Owanka Rural Water Association – Agent. To reduce the minimum required lot size from 40 acres to 2.5 acres in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. MOVED by Holbrook and seconded by Trautman to continue this item to the June 17, 2008, Board of Commissioners’ meeting. Vote: Unanimous. B. VARIANCE / VA 08-10: Longhorn Enterprises, Inc.; Twila Merrill – Agent. To reduce the minimum required 1,500 foot dwelling unit setback to 500 feet to allow for an off-premise sign in a General Agriculture District in accordance with Sections 205 and 509 of the Pennington County Zoning Ordinance. Part of Lot 1 of Lot 4 of Outlot A less Right-of-Way, Scenic Platted Land, Section 15, T3S, R13E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Schmidt to continue Item VA 08-10 to the June 17, 2008, Board of Commissioners’ meeting at the request of the applicant. Vote: Unanimous. MOVED by Trautman and seconded by Holbrook to adjourn as the Board of Adjustment and reconvene as the Board of Commissioners. Vote: Unanimous. PLANNING AND ZONING C. SECOND READING OF REZONE / RZ 08-07: Jimmie Weets; Fisk Land Surveying – Agent. MOVED by Trautman and seconded by Holbrook to approve the second reading of RZ 08-07. Vote: Unanimous. ORDINANCE NO. RZ 08-07 AN ORDINANCE AMENDING SECTION 508 OF THE PENNINGTON COUNTY ZONING ORDINANCE, REZONING THE WITHIN DESCRIBED PROPERTY: BE IT HEREBY ORDAINED BY THE PENNINGTON COUNTY COMMISSION THAT THE PENNINGTON COUNTY ZONING ORDINANCE BE AND HEREBY IS AMENDED BY AMENDING THE ZONING OF THE FOLLOWING DESCRIBED PROPERTY: Located on the following metes and bounds description: A portion of Lot 4 Revised of Lot 4 (Four) and a portion of Lot H1 located in the Northeast One-Quarter of the Southeast One- Quarter (NE ¼ SE ¼) of Section Thirty Four (34), Township One North (T1N), Range Seven East (R7E), of the Black Hills Meridian (BHM), Pennington County, South Dakota, as shown on the plat filed on April 12, 1973 and recorded in Book 12 of Plats on Page 215, and more fully described as follows: Beginning at the northeast corner of said Lot 4 Revised of Lot 4 (Four), said point being located along the southerly line of Fort Hayes Drive right-of-way and said point being marked by a rebar with survey cap “RW FISK 6565”; thence, southwesterly along the east line of said Lot 4 Revised of Lot 4 (Four) and along the southerly line of Fort Hayes Drive right- of-way, South 23 degrees 16 minutes 31 seconds West a distance of 8.69 feet more or less, to a point marked by a rebar with survey cap “FISK 1771”; thence, continuing southwesterly along the east line of said Lot 4 Revised of Lot 4 (Four) and along the southerly line of Fort Hayes Drive right-of-way, South 21 degrees 55 minutes 37 seconds West a distance of 28.52 feet more or less, to a point marked by a rebar with survey cap “FISK 1771”, said point being coincident with the northwest corner of Lot 1 (One)of Fort Hayes Subdivision, located in the Northeast One-Quarter of the Southeast One-Quarter (NE ¼ NE ¼) of Section Thirty Four (34), Township One North (T1N), Range Seven East (R7E), of the Black Hills Meridian (BHM), Pennington County, South Dakota, as shown on the plat filed on February 19, 1993 and recorded in Book 25 of Plats on Page 47; thence, continuing southwesterly along the east line of said Lot 4 Revised of Lot 4 (Four) and along the westerly line of said Lot 1 (One) of Fort Hayes Subdivision, South 22 degrees 14 minutes 31 seconds West a distance of 212.86 feet more or less, to a point marked by a rebar with survey cap “RW FISK 6565”; thence, North 67 degrees 45 minutes 29 seconds West a distance of 20.00 feet more or less, to a point parked by a rebar with survey cap “RW FISK 6565”; thence, North 22 degrees 14 minutes 31 seconds East a distance of 250.07 feet more or less, to a point on the north line of said Lot 4 Revised of Lot 4 (Four) and along the southerly edge of Fort Hayes Drive right-of-way; thence, south easterly along the north line of said Lot 4 Revised of Lot 4 (Four) and along the southerly line of Fort Hayes Drive right-of-way, South 67 degrees 44 minutes 56 seconds East a distance of 20.00 feet more or less, to the point of beginning. Said tract of land contains 5,000 square feet, more or less. The above-described property is hereby rezoned from Suburban Residential District to Highway Service District. Dated this 6th day of June, 2008. PENNINGTON COUNTY COMMISSION /s/Brenda Young, Chairperson ATTEST: /s/Karen McGregor Pennington County Auditor / Deputy D. PLANNED UNIT DEVELOPMENT AMENDMENT REVIEW / PU 07-05: Scott Zandstra; Boschee Engineering – Agent. To review an amendment to an existing Planned Unit Development to allow for four (4) residential lots and 6.43 acres of commercial property in a Planned Unit Development in accordance with Section 213 of the Pennington County Zoning Ordinance. Lots 1-5, Block 1, Paradise Pines Subdivision, Section 21, T2N, R6E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook to accept the recommendation of the Planning Commission to approve PU 07-05 with the following fourteen conditions: 1. That the Planned Unit Development be allowed a maximum of four (4) residential lots with a minimum lot size of four (4) acres and one (1) commercial lot; 2. That no commercial activity be allowed to operate from the 6.43 acres until the 26.43 acres is platted into five (5) lots; 3. That at the time a Commercial use is established, landscaping and/or screening along S. D. Highway 16 may be required at the time a Building Permit is obtained as determined by the Planning Director; 4. That the Commercial uses be limited to one of the following: convenience store with gas facilities, food markets, including bakery goods and delicatessen goods, meat market, drug store, book store, tobacco store, vanity goods store, pharmacy, equestrian center and riding arena, bank, barber shop and beauty shop, dry cleaning business, gift shop, self service laundry, shoe repair, professional and business offices, veterinary clinic, package liquor sales (to be consumed off premise), hardware or home improvement retail establishments, video rentals, child care facility, restaurant with a bar and casino, or clothing stores, 5. That the existing three (3) cabins, the sixteen (16) foot by eighty (80) foot manufactured home and any associated storage sheds be allowed to remain on the property. The sixteen (16) foot by eighty (80) foot manufactured home have factory installed simulated-wood siding, a factory installed peaked non-reflective roof and factory skirting around the bottom; 6. That the Planning Director may allow additional development or construction which is consistent with the existing development on this property. Significant changes in the use or impacts on adjacent land uses as determined by the Planning Director shall require an amendment to this Planned Unit Development; 7. That the applicant maintains a property line setback of twenty-five (25) feet from all property lines and fifty-eight (58) feet from all Section Lines or obtain an approved Variance; 8. That a Building Permit be obtained for any structure exceeding 144 square feet or located on a permanent foundation, which requires a site plan to be reviewed and approved by the Planning Director; 9. That the applicant obtains a Removal Permit prior to removing the existing ceremony structure and covered picnic area; 10. That the three (3) existing cabins not be used for night rentals or additional residences; 11. That the applicant provides percolation tests and soil profile information for any new wastewater system to be reviewed and approved by the Pennington County Environmental Planner; 12. That each unit has an individual address that must be posted in accordance with Pennington County Ordinance Amendment #20; 13. That the applicant provides two (2) nine (9) foot by eighteen (18) foot parking spaces for each residence; and, 14. That this Planned Unit Development be reviewed on a complaint basis only. Vote: Unanimous. E. LAYOUT PLAT / PL 08-21: Carl and Carol Schwarzenberg. To combine two lots to create Lot 15R of Pine Cliff in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: Lots 14-15, Block 5, Pine Cliff, Section 31, T2N, R6E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Lot 15R, Block 5, Pine Cliff, Section 31, T2N, R6E, BHM, Pennington County, South Dakota MOVED by Holbrook and seconded by Trautman accept the recommendation of the Planning Commission to approve PL 08-21 with the following nine conditions: 1. That prior to submittal of the Minor Plat, the applicant submits percolation tests and soil profile information to be reviewed and approved by the Environmental Planner or obtain a Subdivision Regulations Variance waiving this requirement; 2. That prior to submittal of the Minor Plat, the applicant remove the portable storage shed that is located on Lot 15; 3. That prior to submittal of the Minor Plat, Pine Cliff Drive be improved to Local Road Standards or obtain a Subdivision Regulations Variance waiving road construction requirements; 4. That prior to submittal of the Minor Plat, Timber Lane be improved to Local Road Standards or obtain a Subdivision Regulations Variance waiving road construction requirements; 5. That prior to any work being done within the limits of the 100-year floodplain, an approved Floodplain Development Permit must be obtained; 6. That Black Hills Electric Cooperative’s rights to operate and maintain the electric distribution and meter facilities are not diminished or adversely affected in any way by the proposed subdivision; 7. That at the time of submittal for the Minor Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one (1) inch equals one hundred (100) feet, and topographic information be provided of the subject property at two (2) foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; 8. That a Building Permit be obtained for any new structures exceeding 144 square feet and located on a permanent foundation, which will require a site plan to be reviewed and approved by the Pennington County Planning Director; and, 9. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. F. PLANNED UNIT DEVELOPMENT REVIEW / PU 05-01: Richard and Catherine Frey. To review a rezone from Highway Service District to a Planned Unit Development to allow for a Recreational Resort/Campground and RV – Manufactured Home Seasonal Resort, all in accordance with Sections 213 and 508 of the Pennington County Zoning Ordinance. Lot 1 Revised Hobart Subdivision and Lot 4 less Hobart Subdivision Lot 1 (also in Sections 31, 30, 29, of 1N-3E) Gold Run Placer MS 1420, Section 32, T1N, R3E, BHM, Pennington County, South Dakota. MOVED by Trautman and seconded by Holbrook accept the recommendation of the Planning Commission to approve the extension of PU 05-01 with the following nine conditions: 1. That the applicant maintains the wastewater disposal system according the South Dakota Department of Environment and Natural Resources’ regulations; 2. The approved uses of the Planned Unit Development shall be for a 40-unit mobile/manufactured home court, (not to be used for permanent residences) campground, motel, lodge, gas station, restaurant and corrals; 3. That the applicant obtains and maintains a Sales Tax License and a Specialty Resort License from the State of South Dakota; 4. That each cabin be equipped with a smoke detector and that the applicant has at least one (1) 20#-ABC dry chemical fire extinguisher accessible to all guests at each cabin at all times; 5. That Building Permits be obtained for any structure exceeding 144 square feet or located on a permanent foundation that includes the necessary site plans to be reviewed and approved by the Planning Director; 6. That any additional improvements or development within the Gold Run Creek floodplain shall meet the requirements of the Pennington County Flood Damage Prevention Ordinance; 7. The minimum setbacks for the Planned Unit Development shall be 25 feet from the front property line and 10 feet from all other property lines; 8. That prior to any on-site septic system being installed, the applicant obtain all necessary permits from the Department of Environment and Natural Resources and the Pennington County Planning Department; and, 9. That this Planned Unit Development be reviewed in three (3) years or upon a complaint basis to determine that all conditions of approval are being met. Vote: Unanimous. G. FIRST READING AND PUBLIC HEARING OF REZONE / RZ 08-08 AND COMPREHENSIVE PLAN AMENDMENT / CA 08-03: Beautiful Rushmore Cave, Inc.; Pat Hall – Agent. To rezone 7.58 acres from General Agriculture District to Low Density Residential District and to amend the Comprehensive Plan to change the Future Land Use from Limited Agriculture District to Low Density Residential District in accordance with Section 508 of the Pennington County Zoning Ordinance. Located on the following metes and bounds description: Commencing from the Northeast Corner of Govt. Lot 5 of Section 18, T2S, R7E, B.H.M. consisting of a 5/8” rebar with plastic cap marked “Fisk #1771”, thence S0º03’23”E a distance of 407.13’ to the southwest corner of Tract B.R.C. of Rushmore Ranch Estates consisting of a 5/8” rebar with cap marked “Polenz #4208, thence S0º13’27”E a distance of 393.73’ to the west common corner of Lots B & C of Battle Creek Mountain Estates Subdivision consisting of a 5/8” rebar with cap marked “Polenz #4208”, thence S0º03’04”E a distance of 85.26’ to the northeast corner of Proposed Lot 2 of Rushmore Cave Subdivision and Point of Beginning, thence S0º03’04”E a distance of 430.00’ to the southeast corner of proposed Lot 2, thence N89º55’54”W a distance of 239.57’ to the northwest corner of Lot D of Battle Creek Mountain Estates Subdivision consisting of a 5/8” rebar with cap marked “Fisk #1771”, thence N89º41’35”W a distance of 448.00’ to the southwest corner of proposed Lot 2, thence N1º21’17”W a distance of 270.03’ to a point, thence N67º58’24”E a distance of 109.24’ to a point, thence N9º23’30”W a distance of 271.14’ to the northwest corner of Proposed Lot 2, thence S76º38’43”E a distance of 654.24’ to the Point of Beginning. Said parcel containing 7.58 acres more or less. MOVED by Holbrook and seconded by Schmidt accept the recommendation of the Planning Commission to approve the first reading of RZ 08-08. Vote: Unanimous. H. LAYOUT PLAT / PL 08-20: Pehrr West Land Company; Robert Pearson - Agent. To create Tracts 1-56 of Mountain Meadows Subdivision in accordance with Section 400.1 of the Pennington County Subdivision Regulations. EXISTING LEGAL: NE1/4 less Tract B.R.C. of Rushmore Ranch Estates Subdivision, Section 18; NW1/4 and NE1/4SW1/4 less Rushmore Ranch Estates less ROW, Section 17; S1/2SW¼ less Rushmore Ranch Estates Subdivision, Section 8; SE1/4 less Rushmore Ranch Estates Subdivision, Section 7; Tract 14R of Rushmore Ranch Estates Subdivision, Section 17; all located in T2S, R7E, BHM, Pennington County, South Dakota. PROPOSED LEGAL: Tracts 1-56, Mountain Meadows Subdivision, Sections 7, 8, 17, and 18, T2S, R7E, BHM, Pennington County, South Dakota. MOVED by Holbrook and seconded by Trautman accept the recommendation of the Planning Commission to approve PL 08-20 with the following fifteen conditions: 1. That prior to applying for a Preliminary or Final Plat, the applicant must provide adequate percolation test results, which includes eight (8) foot soil profile information, for each of the proposed lots or obtain an approved Subdivision Regulations Variance waiving this requirement; 2. That at the time of submittal for the Preliminary Plat, the plat meets all the requirements of Section 400.2 of the Pennington County Subdivision Regulations, including the Preliminary Plat to be scaled at not more than one (1) inch equals one hundred (100) feet, and topographic information be provided of the subject property at two (2) foot contour intervals or the applicant obtains an approved Subdivision Regulations Variance waiving any of these requirements that are not met; 3. That prior to applying for a Preliminary Plat, the applicant provides documentation from the State approving the proposed subdivision connecting to the existing central water system; 4. That prior to applying for a Preliminary Plat, the applicant provide a letter from the Water Association or Homeowner’s Association allowing the hook up to the existing water system; 5. That prior to applying for a Preliminary Plat, the applicant provide Engineered Plans to meet fire flow of not less than 1,000 gallons/minute for two (2) hours or offer alternatives to be reviewed and approved by the County Fire Coordinator; 6. That prior to applying for a Preliminary Plat, the applicant provide Engineered Road Plans and Drainage Plans for the roads within the proposed subdivision or obtain an approved Subdivision Regulations Variance waiving this requirement; 7. That prior to applying for a Preliminary Plat, a Fire Mitigation plan be submitted for review and approval; 8. That prior to County Board approval of the Final Plat, the applicant improve the two (2) Section Line Highways located on the property to County Standards or obtain an approved Subdivision Regulations Variance waiving this requirement; 9. That all addresses be posted in accordance with Ordinance 20; 10. That prior to applying for a Preliminary Plat, the applicant provide new road names to the Emergency Service Coordinator for review and approval; 11. That at the time of submittal for the Preliminary Plat, the plat has the following note placed upon it: “Prior to obtaining a Building Permit for a residence on any of the properties, two suitable on-site wastewater system areas must be identified with accompanying percolation tests and soil profiles. Soil profiles must show that proper soil separation can be obtained as outlined in State Administrative Rule 74:53:01:15. Percolation tests must meet acceptable rates as shown in State Administrative Rule 74:53:01:32. If the percolation and soil profile information do not meet these requirements, an alternative system approved by the Department of Environment and Natural Resources could be used. As a last resort, Pennington County may approve the use of holding tanks.”; 12. That prior to County Board approval of the Final Plat, Ike Road be improved to Local Road Standards in accordance with Pennington County Subdivision Regulations, a surety posted for the road improvements, or the applicant obtains an approved Subdivision Regulations Variance waiving road construction standards; 13. That prior to County Board approval of the Final Plat, the right-of-way between Tracts 24 and 26R be improved to Local Road Standards in accordance with Pennington County Subdivision Regulations, a surety posted for the road improvements, or the applicant obtains an approved Subdivision Regulations Variance waiving road construction standards; 14. That the applicant work with the existing Road Districts of Rushmore Ranch #1 and Rushmore Ranch #2 and possibly join the two together; and, 15. That approval of this Layout Plat does not constitute approval of any further applications to be submitted for the above-described property. Vote: Unanimous. I. LAYOUT PLAT / PL 08-16: CMR, LLC; Dale Froehlich – Agent. To create Tracts 1-31 and Common Areas of Copper Mountain Ranch in accordance with Section 400.1 of the Pennington County Subdivision Regulations. MOVED by Schmidt and seconded by Trautman to continue this item to the June 17, 2008, Board of Commissioners’ meeting. Vote: Unanimous. J. MORATORIUM - CELL TOWERS: MOVED by Trautman and seconded by Holbrook to immediately implement a 180 day moratorium on applications for Conditional Use Permits for cell towers. Vote: Unanimous. K. JOB DESCRIPTION – WATER PROTECTION COORDINATOR: MOVED by Holbrook and seconded by Trautman to approve the Water Protection Coordinator job description as presented. Vote: Unanimous. MOVED by Trautman and seconded by Schmidt to locate the Water Protection Coordinator in the Planning Department under the direction of the Planning Director. Vote: Unanimous. MOVED by Schmidt and seconded by Holbrook to authorize the Planning Director to post the opening for the Water Protection Coordinator position. Vote: Unanimous. MISCELLANEOUS A. APPROVE VOUCHERS: MOVED by Holbrook and seconded by Trautman to approve the vouchers listed at the end of the minutes for expenditures for insurance, professional services, publications, rentals, supplies, repairs, maintenance, travel, conference fees, utilities, furniture and equipment, and authorize the chair’s signature thereto. Vote: Unanimous. EXECUTIVE SESSION PER SDCL 1-25-2 (1) (3)Personnel; Contractual MOVED by Holbrook and seconded by Trautman to convene in Executive Session. Vote: Unanimous. The Board remained in Executive Session from 12:25 p.m. until 2:24 p.m. MOVED by Trautman and seconded by Schmidt to adjourn from Executive Session. Vote: Unanimous. AUDITOR’S ACCOUNT OF THE TREASURER To the Pennington County Board of Commissioners, I hereby submit the following report of my examination of the cash and cash items in the hands of the County Treasurer as of May 21, 2008: Total balances of checking/savings accounts, $27,307,110.04; Total balance of Treasurer’s Office safe cash, $6,900.00; Total certificates of deposit, $7,794,055.90; Total Prime Value Investment, $2,497,108.13; Total petty cash, $110,815.00; Total cash items/net NSF checks, $3,907.53; Total long/short, $362.12; Total, $37,719,534.48. Submitted by KJ McDonald, Chief Deputy Auditor. PERSONNEL Weed and Pest: Effective May 19, 2008: Dennis Saxer, 12.72/hr.; Effective June 4, 2008; James Thovson, 11.82/hr.; Auditor’s Office: Jenelle Brunson, 13.03/hr. PAYROLL Commissioners, 15,611.51; Elections, 16,365.54; Auditor, 18,022.55; Treasurer, 44,217.77; Data Processing - Law, 11,200.04; Data Processing - General, 31,547.28; State's Attorney, 110,162.52; Public Defender, 79,117.21; Juvenile Diversion, 12,006.32; Victim's Assistance, 10,473.35; Buildings & Grounds, 87,207.71; Equalization, 51,255.36; Register of Deeds, 22,339.03; Sheriff, 256,605.88; Courthouse Security, 5,668.57; Service Station, 8,565.64; Arrest Grant, 10,351.79; HIDTA Grant, 8,365.65; CARE Budget, 10,404.13; Jail, 349,766.48; Jail Work Program, 4,277.69; Jail Medical, 3,104.34; Jail Maintenance, 10,190.36; Hill City Law, 10,946.28; Keystone Law, 4,868.96; New Underwood – Law, 3,844.61; School Liaison, 18,029.62; Wall Law, 10,823.85; JSC Teachers, 20,658.00; Home Detention, 6,760.49; Dispatch, 148,603.18; Ordinance, 3,181.99; Economic Assistance, 33,644.77; Mental & Alcohol-SAO, 6,611.26; Mental & Alcohol-HHS, 3,028.58; Alcohol & Drug, 131,182.28; Friendship House, 29,079.13; Prevention Program, 5,837.59; 24-7 Program, 12,150.92; Extension, 4,812.49; Weed & Pest, 10,239.72; West Nile, 251.18; Planning and Zoning, 18,808.49; Juvenile Services Center, 258,109.86; JSC Maintenance, 5,192.09; Highway, 194,812.14; Drug Seizure, 5,069.60; Fire Administration, 5,949.04; Emergency Management, 8,023.76; Emergency Management, 1,128.96. VOUCHERS Cardmember Services, 3,121.59; Heltzel, William, 10,724.70; Verizon, 3,749.99; Knology, 2,422.96; Patterson, Jamy, 1,112.06; Shattuck, Laura, 515.00; Western Trial Advocacy, 1,950.00; Correctional Billing Service, 13.17; Reil, Robert, 90.01; Alltel, 1,101.25; City of Rapid City, 7,539.85; MDU, 4,730.22; CBM Food Service, 65,882.26; Pioneer Bank, 2,721.73; BH Power Inc, 3,293.35; City of Wall, 119.00; Fish Garbage, 44.84; Golden West Co, 241.32; West River Electric, 926.99; City of Hill City, 49.57; Qwest, 152.09; Executive Management, 6.00; Mt Rushmore Telephone, 116.00; Badger Plumbing, 21,917.87; First Administrators, 115,004.20. ADJOURN There being no further business the meeting was adjourned at 2:25 p.m. Julie A. Pearson, Auditor Publish: June 25, 2008 June 6, 2008 1